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Agmt 2011 Roebbelen Contracting Inc
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Agmt 2011 Roebbelen Contracting Inc
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Last modified
10/27/2011 5:55:51 PM
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10/27/2011 5:55:50 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/1/2011
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PERM
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Reso 2011-175
(Approved by)
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\City Clerk\City Council\Resolutions\2011
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• <br /> • <br /> written amendment to this Agreement, as provided for herein. Contractor understands and <br /> • agrees tliacif city grants such an extension, City shall have no obligation to provide <br /> Contractor with compensation beyond the maximum amount provided for in this <br /> • Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no <br /> obligation to reimburse Contractor for any otherwise reimbursable expenses incurred <br /> during the extension period. <br /> 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the <br /> parties, <br /> 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this <br /> Agreement contemplates personal performance by Contractor and is based upon a <br /> determination of Contractor's unique personal competence, experience, and specialized <br /> personal knowledge. Moreover, a substantial inducement to City for entering into this <br /> Agreement was and is the professional reputation and competence of Contractor. <br /> Contractor may not assign this Agreement or any interest therein without the prior written <br /> approval of the Contract Administrator. Contractor shall not subcontract any portion of the <br /> performance contemplated and provided for herein, other than to the subcontractors noted <br /> in the proposal, without prior written approval of the Contract Administrator. <br /> 8.5 Survival. All obligations arising prior to the termination of this Agreement and all <br /> provisions of this Agreement allocating liability between City and Contractor shall survive <br /> the termination of this Agreement. <br /> 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms <br /> of this Agreement, City's remedies shall included, but not be limited to, the following: <br /> 8.6.1 Immediately terminate the Agreement; <br /> 8.6.2 Reserved; <br /> . 8.6.3 Retain.a different Contractor to complete the work described in Exhibit A not <br /> . finished by Contractor; or <br /> 8.6.4 Charge Contractor the difference between the cost to complete the work described <br /> id Exhibit A that is unfinished at the time of breach and the amount that City would <br /> have paid Contractor pursuant to Section 2 if Contractor had completed the work. <br /> • <br /> • <br /> • Section 9. KEEPING AND STATUS OF RECORDS. <br /> 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, <br /> models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, <br /> records, files, or any other documents or materials, in electronic or any other form, that <br /> Contractor prepares or obtains pursuant to this Agreement and that relate to the matters <br /> covered hereunder shall be the property of the City. Contractor hereby agrees to deliver <br /> Non - Professional Services Agreement between [EFFECTIVE DATE] . <br /> City of San Leandro and Roebbelen Contracting Inc. Page <br /> 989837.1 <br />
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